Report No. 163
Q.27. Order 12, rule 4 (Notice to admit facts)
Under Order 12, rule 4 of the Code, a party may give to the other party notice to admit certain facts. Even where an admission is made in pursuance of such notice under the second proviso, the court may, at any time, allow any party to amend or withdraw any admission so made, on such terms as may be just. The proposal now is to delete the second proviso altogether.
The effect, of course, would be that an admission can neither be withdrawn, nor can it be amended - and this would be so, even if the admission was made under a mistake, coercion, fraud or undue influence. Prima facie, the proposal seems to go too far. Moreover, even the present rule does not give a right to withdraw. The matter is in the discretion of the court. There do arise occasions when an admission -even in the pleadings - may have been made under mistake, etc. Facility of withdrawal should therefore be preserved.
Cf. Hollis v. Burton, (1892) 3 Ch 226.